Seeking refund for defective mobile instead of replacement.
Ketan Doshi.
(Querist) 19 December 2013
This query is : Resolved
I had purchased a new mobile from a shop owner in Mumbai in April, 2013.This shop owner also happens to be the service centre for the brand of mobile that I purchased from him. After three and a half months of usage of the mobile, defects of various kind started cropping up and in a span of other four months, the mobile had to be repaired two to three times. During this repair process, I came to know that the service centre didn't have a simple accessory like a data cable also with them and every time my handset needed repairs, it had to be sent to the mobile company based in Pune for it. No repairs were done by the service centre here in Mumbai. It just served as a collection centre for the Pune based mobile company for faulty mobiles. Every time when a fault occurred the handset was sent to Pune and I had to wait for a month to get it back even when I was promised every time that I will get the delivery of the repaired handset within 15 days maximum. This happened three times and during this process my mobile remained with the service centre for approximately three months. Every time I would receive the delivery of the repaired handset after making numerous calls to the shop owner/service centre. When a problem occurred for the fourth time, I didn't approach the service centre for repairs but instead sent a mail to the Pune Company whose mobile I had purchased, asking them to give me a full refund of my purchase amount of the mobile. The company agreed to give me a new replacement handset but with the old warranty. I refused to take the replacement handset with limited warranty and instead insisted on getting the full refund of my purchase price. In the company's warranty card, it is clearly mentioned under a condition that the company can entertain maximum claim/s subject to the maximum retail price of the product purchased or the purchase price whichever is lower. I have already sent a letter from my side to the company in Pune on 10th December,2013 demanding an explanation from them regarding the horrible after sales service of their service centre and the tremendous mental harassment caused to me due to it several times. I have also claimed full refund for their defective handset by mentioning it in the letter.
In the meantime, I had mail exchanges with the company. During this time, the company agreed to give me a replacement handset with an extended warranty of three months more than the old warranty. I was told to submit the defective handset at a new service centre other than the one from where I had purchased the handset from. I was told that I will receive a new handset within 10 days of my submission of the defective handset. I reluctantly agreed to their offer and went to their new service centre that they had mentioned with the old handset. To my horror, at this new service centre, I was asked different type of questions by the service centre person pertaining to the defective handset whereas his job was to only take the delivery of the defective handset and send it to the company in Pune. Instead I was kept waiting for 75 minutes for the submission process and even after that when I was not called for the submission, in a frustrated state, I left the place without submitting my defective handset.
I mailed the company informing them of the harassment caused to me again and then I re-iterated my demand for a full refund instead of the replacement.
The company's executive has today mailed me saying that the company will not give the refund and that they are ready for replacement only and if I want a refund I will have to claim it from the shop owner/service centre from where I had purchased my mobile.
Now my query is:-
1) Can I get a full refund for the defective mobile as I am not interested in taking the replacement at all now due to the horrible after sales services of the company’s service centres?
2) Can I file a case against both parties? i.e. against the Pune based Mobile Company as well as against the Mumbai shop owner/service centre of the company from whom I had purchased the mobile.
3) Can I seek compensation for all the mental harassment that I have gone through till now? If at all a case is filed against both parties,are both of them liable to pay the compensation for the mental harassment caused to me?
4) If I hire a lawyer for this case and if I win the case then can the court ask the Pune Mobile company/Shop owner/Service centre in question who loses the case to payback the fees of my lawyer that I have paid from my side right from the beginning till the end of the case apart from other legal costs, refund of the mobile and the compensation for mental harassment etc?
5) As I have sent a letter to the company on 10th December, 2013 demanding an explanation from them for all the troubles caused, till how much time should I wait for getting a written reply from them before I think of filing a case in the consumer court?
6) Lastly, what are my chances of winning as per the summary given by me above, if I think of filing a case in the consumer court against both the parties and maximum how much time can it take for the verdict to come?
I apologize for the very long query.
Awaiting a reply and response and thank you in advance for the answer.
ajay sethi
(Expert) 19 December 2013
be brief and to the point . you can file complaint with consumer forum against the company / service centre owner for deficiency in service . ask for replacement of mobile , compensation for mental harassment . issue legal notice to company . file case after a month from issue of notice.
no lawyer can guarantee success . you can get verdict in 2 years time .
R.K Nanda
(Expert) 19 December 2013
query too long to reply.
Arvind Singh Chauhan
(Expert) 19 December 2013
File complaint in consumer forum and claim all relief you claim. It depends on court which relief to be granted.
Try the use full link below-
http://www.ccccore.co.in/
Rajendra K Goyal
(Expert) 19 December 2013
Well advised by the experts. File consumer complaint.
Raj Kumar Makkad
(Expert) 21 December 2013
If the agreement between you and the seller is just for the replacement, the question of refund of the amount do not arise.
